TUESDAY, MARCH 13, 1873. The House met at the regular hour. The journal of yesterday was read. Mr. Moore of Marshall, from the joint committee on enrolled bills, begs leave to report that a bill of the following title has been correctly enrolled on the 8th day of March, 1873, to-wit: "An act to repeal so much of an act entitled 'an act to establish recorders' courts in the cities of LaSalle and Peru,' approved February 19, A. D. 1859, as provides for the establishment of such court in the city of Peru, and the act amendatory thereof, approved February 18, A. D. 1861, so far as it applies to the recorder's court of the city of Peru, and for the disposal of cases pending in said court, and of the books, records and reports thereto belonging." Mr. Stewart of McLean (by consent) introduced House bill, No. 493, for "An act making an appropriation for heating apparatus for the Normal University at Normal." Which was referred to the committee on state institutions. Mr. Stewart of McLean (by consent) introduced House bill, No. 494, for "An act making an appropriation for the ordinary expenses of the Normal University, at Normal, and for the prevention of a deficiency." Which was referred to the committee on state institutions. Mr. Stewart of McLean (by consent) introduced House bill, No. 495, for "An act making appropriations for the Soldiers' Orphans' Home, and to maintain said institution for the next two years." Which was referred to the committee on state institutions. Resolved by the House of Representatives, the Senate concurring, That Congress be requested to offer an amendment to the constitution of the United States, in substance as follows: Declaring all railways in the United States public highways, and authorizing Congress to establish and control interstate or through rates of charges for the transportation of persons and property thereon, and authorizing the State legislatures respectively to establish and control the local rates. And moved that the resolution be printed and the consideration of the same be postponed and made the special order for next Tuesday; which was agreed to. Mr. Sheridan (by consent), from the committee on militia, to which was referred House bill, No. 411, for "An act to provide for the enrollment of the militia, for the organization of the National Guard of the State of Illinois, and for the public defence, and entitled the military code," reported the same back, and recommended that the bill be printed and laid on the table. The report of the committee was concurred in, the bill laid on the table and ordered printed. Mr. Moore of Marshall (by consent) presented a petition from a number of citizens, in relation to extortions by railroads; which was referred to the committee on railroads. Mr. Swan moved that the special orders for this morning be postponed until this afternoon; which was not agreed to. The special order for this hour being the consideration of House bill, No. 379, for "An act in regard to roads and bridges in counties under township organization," on second reading, was taken up. And the question being on the adoption of the pending amendments to section 88, submitted by Mr. Moffit and by Mr. Johnston, Mr. Shaw submitted the following as a substitute for the said pending amendments: "Provided, that in estimating the damages, the jury may consider the benefits conferred, or may disregard such benefits; but no benefits enjoyed in common by the owners of surrounding property shall be considered in estimating damages." Which was adopted. Mr. Wood submitted the following amendment to section 88: Which was adopted. Mr. Armstrong of LaSalle submitted the following as a substitute for section 96: Amend section 96, so as to read: "Roads for private and public use of the width of three rods or less, may be laid out from one dwelling or plantation of an individual to any public road, or from one public road to another, or from one lot of land to another, or from a lot of land to the highway, on petition to the commissioners of highways, by any person directly interested. The commissioners, on receiving such petition, shall have power to lay out the road as asked for therein, to which end they shall proceed and examine into the merits of the case, and shall be governed in their proceedings by the rules and regulations prescribed in this act in relation to public roads. The jury shall consider the damages that may result to parties from said proposed road, and shall assess the damages to each individual owner of lands affected thereby. The amount of such damages shall be paid by the persons benefited thereby to the extent and in proportion that they are benefited, to be determined and declared by the jury. The remainder of the amount of damages over and above that to be paid by the parties as aforesaid, shall be paid by the town as in other cases. The amount of damages to be paid by individuals shall be paid to the persons entitled thereto before the road shall be opened for use. An appeal may be taken on the question of he propriety and necessity of such road as in other cases." Which was adopted. Mr. Massie submitted the following amendment to section 114: Insert in line 3, after the word "raised," the words "in one year." Which was adopted. Mr. Grey submitted the following amendment to section 114: Insert in line 6, between the words "may" and "make," the words "a majority of all the members elect voting for the same." Which was adopted. Mr. Hollenback submitted the following amendment: "Section 114. When it shall be necessary to build a bridge in any town which would require a larger sum of money to complete than is authorized to be raised by taxation under the constitution upon a single year's assessment, the commissioners of highways shall petition the supervisor of the town to call a special town meeting to vote on the proposition "to borrow money to build a bridge," which said petition shall be signed by said commissioners in their official capacity, and by at least twenty-five freeholders of such town, and thereupon such petition shall be filed in the office of the town clerk of such town. Upon the filing of said petition, the supervisor shall order the town clerk, by an instrument in writing, to be signed by him, to post up in four of the most public places in said town, notices of such special town meeting; which notice shall state the object, time and place of meeting, and the manner in which the voting is to be had, which shall be invariably by ballot, and shall be "to borrow money to build a bridge," when the voter desires to vote in favor of that proposition, and "against the proposition to borrow money to build a bridge," when the voter desires to vote against said proposition. The special town meeting shall be held and returns thereof made in the same manner as other special town meetIngs are now or may hereafter be provided by law; and if it shall appear that a majority of the legal voters voting at said election shall be in favor of said proposition, the supervisor and town clerk, acting under the direction of the commissioners of highways of said town, shall issue from time to time, as the work progresses, a sufficient amount in the aggregate of the bonds of said town for the purpose of building such bridge; such bonds to be of such denominations, bear such rate of interest, not exceeding ten per cent., upon such time, and be disposed of as the necessities and conveniences of said town officers require: Provided, that said bonds shall not be sold or disposed of for less than their par value, and such town shall provide for the payment of such bonds and the interest thereon by appropriate taxation." Which was not adopted. Mr. Connolly submitted the following amendment to section 119: Insert in line 2, after the word "lands," the words "and the damages, if any, shall have been paid or released." On motion of Mr. Oakwood, The amendment was laid on the table. Mr. Moffit submitted the following amendment to section 121: "Filing the final order upon appeal or otherwise." Which was not adopted. Mr. Grey submitted the following: Amend section 125, by adding, in parenthesis, after the word "ways,” in line 2, "(except as provided in section sixteen (16) of this act.)" Which was adopted. Mr. Oakwood submitted the following amendment to section 127: Insert in line 6, after the word "overseer," the words "and any special bridge tax." Which was not adopted. Mr. Ray submitted the following: Amend section 128, by adding thereto the words: "Provided, that the repeal of said act shall not affect any suit or proceeding pending, or impair any right existing at the time this act shall take effect." Which was adopted. Mr. Wood submitted the following amendment: Add after the figures "1872," last mentioned, in the 2d line of section 128, the words: "So far as the same relates to counties under township organization." Which was adopted. Mr. Bishop of McHenry submitted the following amendment to section 114: "Provided, that in all cases where the expense of building any necessary bridge shall exceed the sum of fifteen hundred dollars, it shall be the duty of the board of supervisors or county board to appropriate the necessary moneys to build said bridge over and above the sum of fif teen hundred dollars." Mr. Harvey submitted the following amendment to the amendment: "Provided, that where towns have heretofore appropriated more than fifteen hundred dollars, the excess shall be refunded by the county board to said town." On motion of Mr. Cassedy, The amendment and the amendment to the amendment were laid on the table. Mr. Moore submitted the following amendment to section 129: Strike out of lines 1 and 2, all down to the word "and," in the 2d line. Which was adopted. Mr. Branson moved to reconsider the vote by which Mr. Hollenback's amendment to insert a new section, after section 114, was not adopted. Which was agreed to. The question being upon adopting said amendment, it was decided in the affirmative. Mr. Hawes submitted the following amendment : Add to the end of section 110 the following: "Provided, that for the building and maintaining of bridges over streams near county or town lines, in which both are equally interested, the expense of building and maintaining any such bridges shall be borne equally by both counties or towns." Which was adopted. On motion of Mr. Wood, The bill was ordered engrossed for a third reading. A message from the Senate, by Mr. Paddock: Mr. President: I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, to-wit : Senate bill, No. 73, for "An act to amend an act entitled 'an act to amend chapter 30 of the Revised Statutes, entitled "Criminal Jurispru dence," approved February 13, 1863.” Senate bill, No. 77, for "An act to regulate the forfeiture of life insurance policies." Senate bill, No. 107, for "An act to amend an act entitled 'an act in regard to the administration of estates,' approved April, 1872." In the passage of which I am instructed to ask the concurrence of the House of Representatives. A message from the Senate, by Mr. Paddock: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, to-wit: Senate bill, No. 200, for "An act to amend section 28 of an act entitled 'an act concerning conveyances,' approved March 29, 1872." Senate bill, No. 142, for "An act to further define the duties of masters in chancery, and to secure the prompt discharge of such duties." Senate bill, No. 176, for "An act to amend 'an act concerning corporations,' approved April 18, 1872." In the passage of which I am instructed to ask the concurrence of the House of Representatives. Mr. Moore of Marshall, from the committee on enrolled and engrossed bills, begs leave to report that bills of the following titles have been correctly engrossed on March 13, 1873: House bill, No. 315, for "An act to provide for the permanent survey of townships." House bill, No. 99, for "An act relating to property of persons deemed in law illegitimate, who died prior to the passage of an act relating to the descent of property of such persons, approved February 12, 1853." House bill, No. 182, for "An act for the protection of livery stable keepers and other persons keeping horses at boarding or pasture." House bill, No. 391, for "An act to remove and transfer certain records relating to real estate from the office of the recorder of deeds of Schuyler county to the office of the Auditor of Public Accounts, and creating a custodian thereof, and providing the manner of obtaining certified copies of said records, and defraying the expenses of such removal." House bill, No. 145, for "An act to provide for transferring territory from one county to another." By consent, House bill, No. 445, for "An act to enable towns to prohibit domestic animals from running at large in counties where they are not prohibited by law," Was taken up, read a second time and ordered engrossed for a third reading. On motion of Mr. Anderson, The special orders for this morning, not disposed of, were postponed and made the special orders for to-morrow. House bills on third reading being in order, By consent, House bill, No. 367, for "An act to restrain and prohibit the running at large of domestic animals in the State of Illinois," Was taken up and read a second time. On motion of Mr. Thomas, The bill was referred to a select committee of three. House bill, No. 387, for "An act to amend an act entitled 'an act in regard to limitations,' approved April 4, 1872, in force July 1, 1872," was read a third time, And the same, and all amendments thereto, having first been printed, and the question being, "Shall this bill pass?" it was decided in the affirmative-yeas 119, nays 0. Those voting in the affirmative are: Messrs. Alexander of Crawford, Alexander of Montgomery, Anderson, Armstrong of Grundy, Armstrong of LaSalle, Ballow, Barkley, Bishop of McHenry, Blakely, Bocock, Bradwell, Branson, Casey, Cassedy, Carpenter, Chambers, Collins, Condon, Connolly, Cullerton, Darnell, Davis, Dement, Dewey, Dolton Dresser, Dunham, Easley, Efner, Ferrier, Flanders, Forth, Freeland, Freeman, Gordon, Graham, Granger, Grant, Grey, Gridley, Hart, Harvey, Hawes, Henry, Hite of Madison, Hite of St. Clair, Hildrup, Hoiles, Hollenback, Hopkins, Jaquess, Jackson, James, Jessup, Johnston, Jones, Lane of Hancock, Lemma, Lewis, Lietze, Lomax, Mann, Marsh, Massie, McAdams, McLaughlin, Meacham, Middlecoff, Moore of Marshall, Moore of Adams, Moose, Moffit, Mulvane, Neville, Nulton, Oakwood, Oleson, Orendorff, Penfield, Pinnell, Plowman, Pollock, Quinn, Ramey, Ray, Rice. Rogers, Rountree, Savage, Scanlan, Scott, Senne, Shaw, Sheridan. Sherman, Smith, Snow, Starr, Stewart of Winnebago, Stewart of Mc Lean, Streetor, Stroud, Swan, Sylvester, Taggart, Thomas, Thornton, Tillson, Truitt, Virden, Warner, Washburn, Webber, Webster, Westfall, Wick, Wicker, Wood, Mr. Speaker-119. So the bill was declared passed. Ordered that the title be as aforesaid, and that the Clerk inform the Senate of the passage of the bill, and ask their concurrence therein. House bill, No. 324, for "An act concerning the reorganization of county agricultural societies in conformity to 'an act to create a department of agriculture in the State of Illinois,' approved April 15, 1871,” was read a third time, And the same and all amendments thereto having first been printed, and an emergency being expressed in the body of the bill, as a reason why the act should take effect prior to the first day of July next, and |